Family

Complete audio https://www.c-span.org/video/?532581-1/district-columbia-circuit-court-oral-arguments-president-trumps-immunity-claims

Hear the exchange inside the courtroom…bonkers

Don’t look at the tree..focus on the forest. 😂 I will assume here that your ex spun a tale of fraud ..way more colorful than the “ not my signature “ bit /morsel that USCIS disclosed to you. This is always the case with Vengeful Spouses. .. But ..even if Mickey Mouse signed the I-751 ..and she painted you as you as ..you are rock solid with bonafides at inception /and during of marriage …and will prevail .

One still has to prevail on the I-751 from first marriage…and that will be way easier in court , than you have experienced w USCIS. https://www.cliniclegal.org/resources/family-based-immigration-law/new-bia-decision-addresses-scope-ina-ss-204c But the Pak decision is an alert that marriage fraud concerns remain in the picture even if it was not the stated basis of a prior petition’s denial The funny thing is that they won’t “ tell “ you that you picked up a 204 (c) bar until you try to get a new I-130 /new spouse through https://www.cliniclegal.org/resources/family-based-immigration-law/spousal-petitions/practice-advisory-sham-marriages-and The Board of Immigration Appeals, or BIA, held that a conditional permanent resident cannot use an INA § 237(a)(1)(H) waiver to prevent deportation where the person’s termination of a conditional residency was based on failure to file a joint petition. Similarly, a 237(a)(1)(H) waiver cannot be used in lieu of, or together with, a “good faith” waiver under section 216(c)(4)(B) to waive the requirement to file a joint petition to remove the conditions on residence. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1186a&num=0&edition=prelim D) Hearing in removal proceeding Any alien whose permanent resident status is terminated under subparagraph (C) may request a review of such determination in a proceeding to remove the alien. In such proceeding, the burden of proof shall be on the Secretary of Homeland Security to establish, by a preponderance of the evidence, that the facts and information described in subsection (d)(1) and alleged in the petition are not true with respect to the qualifying marriage.

Covering all bases 😂.. Trump team argues assassination of rivals is covered by presidential immunity Former President Trump’s legal team suggested Tuesday that even a president directing SEAL Team Six to kill a political opponent would be an action barred from prosecution given a former executive’s broad immunity to criminal prosecution. The hypothetical was presented to Trump attorney John Sauer who answered with a “qualified yes” that a former president would be immune from prosecution on that matter or even on selling pardons https://thehill.com/regulation/court-battles/4398223-trump-team-argues-assassination-of-rivals-is-covered-by-presidential-immunity/amp/

Well said. if I may add this battle hymn..hoping you tap into your inner Genghis Khan For the words For the visual Also remember, giving up means a permanent black mark of fraud on your record and ban from US as visitor or resident . Apologies if this is a duplicate post..

If you are completing a paper form , you can write in UNK If you are doing online then input something like 01/01/1111 and add a notation such as page x, pârț t, item Z date Unkn

No matter what form you are filling out ( ex I-130 or N-400) you can answer those questions as UNK ( unknown ) and will have NO PROBLEM at all Just submit a copy of her current US passport. No need to delay or wait for a FOIA

I am sure she will give great input , as always. She did not chime in when Verrou/Misscloud was looking for removal attorneys in that area …so I guessed , it was not her cup of tea. But I was under the impression she was not in private practice , rather worked for some NGO .

I will repeat this point , in case I missed something first time around: DO NOT refile w USCIS. Go to court and have the IJ look over YOUR bonafides , actually hear testimony from the witnesses you reference AND even look up a handwriting expert to analyze and or testify to the signature . You have already done ALL the hard work …in amassing your marital evidence ..IT IS A GRAND thing to know an Immigration Judge will look at everything with fresh eyes. t Ir may take a while to get your merits hearing ( trial date ) but if you choose , life can go on as you see fit . Am soo glad everyone here is SO AMAZINGLY Fantastic. love reading all the comments

Do NOT refile w USCIS. Once they made a fraud finding on the initial joint , they will deny ANY subsequent waiver of joint filing. It is a matter of credibility..and 30 lbs did not sway the discretion ..so go to court and win on standards . Wait for NTA ..it’s coming . They may skewer w you and delay filing it w EOIR but you will get there. Consult attorneys w removal defense expertise ( A MUST) and ask outright if they have worked w fraud findins and are also experienced w BIA appeals in case it will be required to appeal IJ decision . Prepare for consult w attorneys by gathering 1. Copy of the 3 denials 2. Copy of your above post to me 😂 It’s short , to the point and avoids the $$$ money needed just to look over at your file . 3. Allow the attorney to ask questions ..and reign in impulse to tell your story or turn over your box . 4. Ask the attorney who has burden of proof in a contested hearing and what standard of proof required . 5. Let go , if you can . Trust the hired guns ..it will be ok Here’s a random attorney site, they talk the talk …so do a consult https://www.lawfirm4immigrants.com/204c-prior-marriage-fraud-bar/#:~:text=The USCIS field office reconsiders,authority to review such decisions. Meanwhile, 204(c) doesn’t necessarily apply in every case of a denied benefit request due to insufficient substantial and probative evidence in establishing the bona fide marriage. For the rule to hold, the adjudicating officer or DA has to establish that the individual entered the marriage fraudulently or that the previous marriage has ended lawfully. Therefore, in the case of insufficient evidence to prove the legitimacy of a marriage, section 204 c does not attach. It only holds when it’s been proven beyond reasonable doubt that the individual is guilty of the marriage fraud allegations.

I am a bit slow here😂…for a moment I thought Poor T-Bone and the Biblical Ref post . .. I wonder if saying USCIS can Go Forth And Multiply ..works

Just for clarity to thread . ..OP will not refile another I-751 w USCIS. He will be ref to immigration court and IJ will review . As a theoretical , if IJ denies , then BIA appeal ..if BIA denies , then PFR petition for review in circuit court ( not immigration court).

Ah .. time for a cup of tea, a medicinal jug of gin and as another suggested , a two week postponing of immigration thoughts or life altering decisions. I hope you look at the decade old fight w USCIS as a win for you …honestly you messed with them IN STYLE 😂. I still chuckle at the Thousands of Pages of motions and submissions you piled them with . I have heard you often enough , on this forum, advocating for the scared /distraught posters caught up in the I-751 w divorce hell : It’s Not Over Til The Fat Lady Sings ( opera ref ) …or the IJ rules ..heck but even then there is BIA appeal of IJ decision AND even the PFR / Petition for Review. Would you really tell a tired soul to just give up ?..I think not. ..especially since I Know YOU will WIN. This denial is a blessing in disguise ..as the fight became a personal crusade for you and bloody hell it did drain and tire you a bit..so DENIAL is a good thing and a positive GAME CHANGER! In your favor😂 W EOIR , the govt has the burden to prove fraud/misrep beyond a reasonable doubt ..so even if USCIS denial claimed sham/fraud …they won’t make their case. If denial is purely for failure to meet bonafides…you got that covered . So . Cheer Up , refresh , regroup and do take some time to decide before you throw in the towel !

The new passport number is listed under “ passport “ and expired passport ( w F-1 visa and or entry stamp ) ..unless you traveled on new passport for most recent entry . Not a big deal , no matter why you put , just send in copies of both

If simplicity /hassle free is your goal , then leaving as is under 3 year is recommended . They rarely ( if ever) ask to see any joint life docs at interview..and as you have already uploaded , they will remain part of the file anyway . The “switch “ from 5 to 3 , for example is worth if you want to force them to exclude a 4 year old criminal conviction and limit the GMC timeline. Or 3 to 5 if a divorce sneaks up on you while app is pending . Again, no advantage in your case . But if you insist , then Wi rite up a request to amend application, cite page, part and item no , add the updated page of N-400 ) make sure same revision date)…upload it and send copies by mail as Supplemental Filing ..then be ready to answer a couple of curiosity questions at interview as to Why you made request ..

I estimate you are very close to 5 years since LPR date ..so it’s time to file N-400 when you hit that mark . My math says 2019 plus 5 = This year 😂

Worth noting that Trumpy threatened judges and picked up Restraining orders . The devoted magas stand ready to Pounce by Proxy …While others delight in the mayhem. Brings to mind the jovial/ good cheer when Pelosi husband got attacked

Attacking the Judge ..hmm..maybe too Trumpy

I left my first marriage after falling in love with a fellow who believed OJ was innocent 😂 ..he and our offspring that we called POTUS ( brilliant nose bleed IQ) are both Trumpers too. Politics wee never the problem ..my beloved kept falling into non matrimonial beds 😂

Atty was correct in that waiver cannot be submitted prior to interview/finding of inadmissibility/refusal letter w specific sec of law for finding. Keep looking around ..you can try for a cheaper “ evaluation /assessment “ type of consult …maybe even 2 or 3. Ira Kurzuban is wrote the leading authority ..he writes the Bible of crimigration. 😂 You can hone your skills by reading through USCIS appeals database https://www.uscis.gov/administrative-appeals/aao-decisions/aao-non-precedent-decisions and FAM https://fam.state.gov/fam/09FAM/09FAM030204.html

I like your healthy mindset ..about possible outcomes of interview . Nice set of lawyering skulls too 😂. So ler me cheer you on as well. Hopefully the conviction record contains no surprise language /wording and you’ve combed through it. So let’s wait and see ..here’s some reading in the meantime , note waiver is available. https://www.ilrc.org/sites/default/files/resources/immigrants_marijuana_may_2021_final.pdf https://flynnhodkinson.com/inadmissibility-based-on-a-criminal-record-involving-marijuana/ For immigrant applicants, a waiver is only available if the conviction was for simple possession of 30 grams or less of marijuana. A waiver may be granted in one of two situations. First, if it can be shown that a US citizen or LPR spouse, parent, or child would suffer extreme hardship if the applicant was refused a waiver. Alternatively, a waiver may be granted if the offense occurred more than 15 years ago, it can be demonstrated that the applicant has since been “rehabilitated”, and his or her admission to the US would not pose a safety risk.